Ita/748/2006 Of The Commissioner Of Income Tax v. M/S Syndicate Bank

IN THE HIGH COURT OF KARNATAKA, BANGALORE DATEBD THIS THER DAY OF JULY, 2012) PRESENT THR HON BLE MR. JUSTICE K.SREEDHAR RAO ANT THR HON'BLE MR. JUSTICK B.MANOHAR 1.T.A. No.748 OF 2006 BBRITIWE 1.The Commissioner of Income Tax,C.R. Building,Attavara,Mangalore.C.R. Building,Attavara,Mangalore. 2.The Joint Commissioner of Income Tax (Asst),Special Range,C.R. Building,Queens Road,Bangalore.Special Range,C.R. Building,Queens Road,Bangalore. Appellants (By Sri E. Sanmathi Indrakumar, Advocate) AND: M/s. Syndicate Bank,Accounts Dept. Tax Cell,H.O. Manipal — 576 104. (By M/s. King & Patridge, Advocates) Respondent This ITA is filed U/s.260-A of I.T. Act, 1961 arising outof Order dated 11-11-2005 passed in Int.TA 16/Bang/2004for the Assessment Year 1999-00, praying that this Hon'ble Court may be pleased to (i) formulate the substantialquestions of law stated therein and (11) allow the appeal andset aside the order passed by the ITAT Bangalore in Int.TA16/Bang/2004 dated 11-11-2005 confirming the order of theAppellate Commissioner & confirm the order passed by theJoint Commissioner of Income Tax, (Asst.) Special Range,Mangalore, in the interest of justice and equity. This appeal is coming on for hearing this day,SREEDHAR RAO, J..,delivered the following: JU DGMENT The question of law involved in this case and in I.T.A.No.95/2006 disposed of on 18.07.2012 is one and the same.The question of law in I.T.A.No.95/2006 is answered againstthe revenue. In that regard, the earlier decision of this courtin the case otThe Commissioner of Income Tax and Another -vs- M/s. Canfin Homes Limitedreported in ILR2008 KAR 3153, is relied on in I.T.A.No.95/2006. In thatview, the question of law is answered against the revenue.Accordingly, the appeal is dismissed. NM* od/-JUDGEod/-JUDGE